Who may pay for the defense
If the conduct relates to your job, your employer may have a duty or an option to advance your legal fees, depending on its bylaws, its operating agreement, your employment contract, and the law of the state where it was formed. Directors and officers insurance may also cover defense costs, though policies have exclusions and usually require prompt notice. Advancement often comes with a written promise to repay if certain findings are later made against you. Read those terms with your own counsel before you sign them. Whether a company that is itself under investigation will honor these duties is sometimes a fight of its own.
Working with accountants and other advisers
White collar defense often depends on reconstructing transactions, and that may require forensic accountants or other technical help. Communications with your own accountant are generally not privileged in a criminal matter. When counsel retains an accountant to help give legal advice, that work can sometimes fall within the attorney-client privilege, which is why the engagement is usually set up through the law firm. Keep financial records in their original form, and do not create summaries or explanations on your own for anyone outside the defense. Joint defense or common interest arrangements with other people under investigation can help share information, but they carry their own risks and need careful drafting.
Setting the scope at the start
Our first meeting usually begins with what the government has sent, who else is involved, and what records exist. We review any indemnification documents and insurance policies you can find, and we identify notice deadlines. We talk openly about the likely cost and how the work can be staged so that you are not paying for everything at once. We also discuss whether your interests line up with the company's, since that affects who can be represented together. A clear engagement at the outset prevents disputes later about who controls the defense.
